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← 273 Va. 650 - Baldwin v. McConnell

Baldwin v. McConnell’s Empirical Analysis

2007

Citation profile

16
cited by 16 later decisions
1
states following
June 2014
most recently cited

2 federal appellate · 10 state decisions

Relationships

Relies on Schneckloth v. Bustamonte · BMW of North America, Inc. v. Gore · State Farm Mutual Automobile Insurance v. Campbell · Pacific Mutual Life Insurance v. Haslip · Mississippi v. Turner

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[w]hen a verdict is challenged on the basis of alleged excessiveness, a trial court is compelled to set it aside ‘if the amount awarded is so great as to shock the conscience of the court and to create the impression that the jury has been motivated by passion, corruption, or prejudice, or has misconceived or misconstrued the facts or the law, or if the award is so out of proportion to the injuries suffered as to suggest that it is not the product of a fair and impartial decision.’”
    2 later decisions quote this exact passage
  2. “If you find that Ms. Nicole Hughston is entitled to be compensated for her damages, and if you further believe by the greater weight of the evidence that Mr. Philip Jacoby acted with actual malice towards Ms. Hughston or acted under circumstances amounting to willful and wanton disregard of Ms. Hughston’s rights, then you may also award punitive damages to Ms. Hughston to punish Mr. Jacoby for his actions and to serve as an example to prevent [] others from acting in a similar way. The purpose of awarding punitive damages is to provide deterrence and retribution. They are designed to punish unlawful conduct and to deter its repetition. Punitive damages, however, should not be grossly excessive nor should it be awarded arbitrarily.”
    1 later decision quote this exact passage
  3. “[J]udicial review of the amount of punitive damages upon [a] motion for re-mittitur requires: (1) consideration of reasonableness between the damages sustained and the amount of the award, (2) the measurement of punishment required, (3) whether the award will amount to a double recovery, (4) the proportionality between the compensatory and punitive damages, and (5) the ability of the defendant to pay.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.